Small Claims


Subject to certain exception, claims with a value of less than £10,000.00 are classified as small claims. This does not mean such claims are dealt with in a different court to other County Courts or with a different kind of Judge.The 2 most important implications of a claim being a small claim are :- No READ MORE

Evicting a residential short lease tenant


Evicting a residential short lease tenant When a tenant reaches the end of their contractual term or when they fail to pay rent a landlord may wish them to leave the property. However, the process of eviction may not be as easy as it first seems. A problem arises in the fact that the tenants READ MORE

Section 21 notice to evict tenant


Evicting a residential tenant Section 21 of the Housing Act 1988 permits landlords to recover possession of their property after ending a lease agreement with their tenants. The landlord can serve a section 21 notice on a tenant without giving any reasons for terminating their tenancy. Section 21 applies to terminating Assured Shorthold Tenancies (AST). READ MORE

Small claims court – the new £10,000 limit


Whilst few small claims cases get reported, principally because most are settled and/or the value of such claims means it is not financially viable to dispute judgments based on technical grounds, it’s also true to say that, in numerical terms, the vast majority of cases are small claims. This is especially the case now that READ MORE

Section 8 of the Housing Act 1988


The very fact you’ve arrived at this page probably indicates that you are a Landlord and your tenant is in breach of his/her/their short term residential tenancy, probably an Assured Shorthold Tenancy (AST). As you may already also know (although see more below), whilst there are a number of grounds for seeking possession of your READ MORE

Key issues and tips if you are a litigant in person


We have recently become involved to a degree with the excellent work carried out by Brad Meyer and the Help4Lips (Help for litigants in person) charity and project. An increasing number of businesses and individuals are actively or at least considering representing themselves in civil disputes, either because the matter is a small claim, the READ MORE

Statutory Interest – How to Claim on a Commercial Debt


Often when businesses have people who owe them money, they may not be aware of their right under the law to charge interest when such debts are paid late. As a result they can lose out on additional monies which they would otherwise be entitled to. This statutory entitlement comes from the Late Payment of READ MORE

Mental capacity – in cases of dispute who has the burden of proof ?


The legal precedent and test for mental capacity dates back to 1870 (Banks –v- Goodfellow) and  is based on three main concepts: Did the Testator understand that the document they were signing was a Will which would dispose of their assets upon their death? Did the Testator have knowledge of the assets that they had READ MORE

Nuisance – unlawful interference with land


Tortious nuisance is where one party has a claim against another for a continuous, unlawful and indirect interference with their use or enjoyment of their land, or some right of way which they enjoy over a piece of land. Such claims are dealt with by the Civil Courts and a person would be entitled to READ MORE

Prohibited Steps Orders


Prohibited steps and parental rights and reponsibilities A person with parental responsibility over a child has the right to make independent decisions about certain matters in relation to their child(ren). These include: Schooling Medical Treatment Religion Place of residence Where two or more people share parental responsibility and one disagrees with the decision of the READ MORE